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State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....nt lodged a First Information Report with Porsha PS written by Md Anisur Rahman, who is a political rival of the accused, alleging that his nephew Md. Shahidul Islam was abducted and killed by the persons named in the First Information Report on 5-5-98 and that it was learnt from some persons an......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......ditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

....der detention and kept confined in a house in Gulshan Model Town at the relevant time, and the Sena Bhaban, the place of recovery, was neither in his possession nor under his control and that several persons had in fact access to that house; that the Sena Bhaban was the official residence of the Pre...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......e provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....n to compel her to marry him if fails then accusation against him under section 9(kha) of the Act cannot be legally leveled. Accusation under section 14 of the Act cannot be brought against person or persons unless at the instigation of said person or persons any one of the offences enumerated in th......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....erformed by the representatives of the people because as I have already stated the reading, understanding of the Quran and the application of its general principles is not the privilege of one or two persons but a right and a duty of all Muslims which should be exercised by the persons chosen by the......(SC) 409, observed: “A party cannot be granted a relief which is not claimed, if the circumstances of the case are such that the granting of such relief would result in serious prejudice to the interested party and deprive him of the valuable rights under the statute”. 63. The Pakis......ther…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a div......e, too wide, is justifiable, equitable and reasonable for the majority of women in our country who are divorced for no fault of their own, who are no longer of marriageable age and whose economic and educational backgrounds compel them to remain dependent on someone for survival. She submits that th..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Firoz Miah Vs. State, 1998, 27 CLC (HCD)

....o pay the amount and then at the intervention of some well-wishers Sahara was back to her husband’s house about one month before the date of occurrence. On 13-7-89 at about 8-00/9-00 PM the accused persons assaulted Sahara and ultimately she died but in order to conceal the fact of murder, poison ......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......lf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37...

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....d and produce it, or to produce it at the time and place stated in the summons or order.” 5. This section speaks of production of document or thing in the possession or in the power of the persons to whom the summons or the order is issued. The words “production” and “po......out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ...... the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ......out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

....hom 4 (four) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex officio Secretary of t......our) are i.e. elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex officio Secretary of the Manag......stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......elected by the Guardians, 2 (two) by the teaching staff, 1 (one by the founders, 1(one) by the Donors and 1 (one) is nominated by the department of Education for the category of persons interested in education while the Headmaster of the School acts as ex officio Secretary of the Managing Committee...

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....age or to any other person, at the time of marriage or at any time before or after the marriage as consideration for the marriage of the said parties but does not include dower or mehr in the case of persons to whom the Muslim Personal Law (shariat) applies, Explanation I‑ For the removal of ......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......prevent such a curse as its prevalence in our society was not so widespread as in India which enacted the Dowry Prohibition Act in 1961. When our law makers found with the progress of time, spread of education, increase in the number of middle class families in the society and their urge for higher ..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

....ing similar submissions at length. Main thrust of that submission is that if the highest Court of the country remains insensitive to the social realities and goes on granting anticipatory bail to the persons accused of heinous crimes on insufficient ground the purpose of enacting laws for suppressin...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......e respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..

Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111

Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)

....rls named Fatema Begum and Rina Begum who told him that the receptionist Forhad Hossain and hotel boy Majibar Rahman had brought them for immoral purpose. 3. Thereafter police arrested those two persons and ultimately submitted charge-sheet against them under section 5 of the Cruelty to Women (......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......icial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ..

Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161

Tarani Mohan Gosh and 2 others Vs. State and another, 1998, 27 CLC (HCD)

....udge took cognizance of the offence as alleged and passed order for obtaining sanction from the Government as required under section 6(5) of the Criminal Law Amendment Act for prosecuting the accused persons. 3. On 1‑12‑92 learned Senior Special Judge passed the order to the effect that the......sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......etition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ......sfied with the allegations made in the complaint petition filed by Gobinda Prashad Das registered as Special Case No.1 of 1992. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 575. ..

Category: Anti-Corruption Laws | Date: 12 Feb, 1998 | Hits: 134

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

....jrat Ali, Ismail Member and others. Some of them are witnesses in the case. He denied the suggestion that accused did not murder his sister who died a natural death and at the instigation of cliquish persons he started the case against the accused. 6. P.W.2 Md. Zinnat Ali, a co-villager of the ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

.... the suit property. The defendant has also not adduced evidence to show that they were not in employment of the defendant. In law an adverse inference can be drawn against the defendant that if those persons would have been examined they would not have supported the case of the defendant. So from th......cording to the defendant, the plaintiff was in occupation of the property as tenant of the defendant. The plaintiff was asked to submit a proposal quoting the purchase price of the property if it was interested or willing to purchase the property vide defendant’s letter dated 31-5-86. The defendan......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others………â......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Miss Rowshan Ara Ahmed Vs. Secretary, Ministry of Home Affairs, Govt of Bangladesh, 1977, 6 CLC (HCD)

....e of Rajshahi town. On 8-7-72 at night he along with his associates came to Rajshahi University campus after the swearing, in ceremonies of the office bearers of RUCSU and attacked and assaulted some persons being equipped with unauthorized arms for which Pabna P. S. case No.12 (7) (72) u/s. 14......his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ......BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ......his court. In the result the Rule is discharged. BadrulHaider Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 93       ..

Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

.... immediately before the proclamation was issued. This view that we have taken further finds support from the amendment of Regulation 11, Regulation 1 of 1975 by Regulation XXXII of 1976 regarding the persons who are amenable to prosecution under Martial Law Regulation 11, from time to time. There is......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......trate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)

....st Information Report was lodged on 25-1-92 at 9-45 AM and the place of occurrence is within Faridpur Municipality. The informant in his evidence stated that he went to Madhukhali and saw the accused persons at the police station but no First Information Report or GD Entry was lodged with the Madhuk......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......nd they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......ilty of the accusation levelled against them and they are acquitted in this case. They are discharged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466...

Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159

Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)

....ody of judgment. 2. An FIR was filed by respondent No. 1 Motiur Rahman alleging, inter alia, that his minor adopted daughter Rahena Khatun, a student of Class-VIII, was kidnapped by four accused persons, namely, the petitioners, for the purpose of compelling her to marry petitioner No. 1 agains....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..

Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99

Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)

....ted a petition before, the Chief Metropolitan Magistrate stating that the above mentioned case was investigated by Fazlur Rahman of Lalbagh police station who submitted charge sheet against 2 accused persons under sections 467/468/471/409/109 of the Penal Code and the case was yet to be transmitted ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......s Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..

Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ribunals, or which limits the time within which he may thus enforce his rights, is void to that extent. Exception 1—This section shall not render illegal a contract by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of ......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦............Respondent Judgment May 8, 1997. Result: The appeal is not allowed.  Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)

.... father went to Mehendiganj police station on 25-9-96 for lodging First Information Report and this opposite party, Officer-in-Charge, refused to record the First Information Report against the three persons. It is alleged that on 26-9-96 again the petitioner and her father requested the opposite pa......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......stry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..

Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172